In re James C.
Filed 10/30/07 In re James C. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
In re JAMES C., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. JAMES C., Defendant and Appellant. | A116000 (ContraCostaCounty Super. Ct. No. J0400567) |
Appellant James C. was declared to be a ward of the juvenile court under Welfare and Institutions Code section 602 after the court sustained allegations that he committed an attempted second degree robbery. (Pen. Code, 664/211, 212.5, subd. (c).) The court ordered placement in a court-approved home or institution for a maximum term of three years. (See Welf. & Inst. Code, 726, subd. (c).)
Although appellant originally challenged his maximum term of confinement as greater than that permitted for attempted second degree robbery, he has withdrawn that argument in his reply brief and concedes the three-year maximum term was appropriately set. The concession appears appropriate, although not for the reason contemplated by the parties.
Penal Code section 664, subdivision (a) provides that in general, an attempt is punishable by a term of imprisonment that is one-half the term of imprisonment prescribed for the completed offense. The People and appellant both assume that the maximum term for attempted second degree robbery is one-half of the five-year maximum term for second degree robbery, or two and one-half years, and that the court reached the three-year maximum term in this case by selecting a two-and-one-half-year term for the attempted robbery and then aggregating the sentences for prior misdemeanor offenses that were alleged in the delinquency petition. It appears, however, that the court calculated the maximum term based solely on the attempted robbery. Penal Code section 213, subdivision (b) provides, Notwithstanding Section 664, [attempted second degree robbery] is punishable by imprisonment in the state prison, i.e., by sixteen months, two years or three years pursuant to Penal Code section 18. The three-year maximum term set by the court is equal to the three-year upper term for attempted second degree robbery. (See In re Ali A. (2006) 139 Cal.App.4th 569, 572, fn. 1.)
In his remaining contention, appellant asks us to remand the case so the juvenile court can calculate his custody credits for time spent in juvenile hall before the disposition hearing. The People agree that a remand for this purpose is appropriate. (In re Emilio C. (2004) 116 Cal.App.4th 1058, 1067-1068.)
DISPOSITION
The case is remanded to the juvenile court for a calculation of predisposition custody credits. The judgment is otherwise affirmed.
NEEDHAM, J.
We concur.
JONES, P. J.
SIMONS, J.
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